Approximately 97% of defendants plead guilty. Approximately 2/3 of the remaining 3% are convicted at trial. The reason is simple: The US has built extortion ri

Approximately 97% of defendants plead guilty. Approximately 2/3 of the remaining 3% are convicted at trial. The reason is simple: The US has built extortion right into its laws. Most laws on our books are broad (one law can cover both very serious and very minor conduct) and carry absurdly high maximum penalties. When prosecutors offer a "deal" for a small fraction of the maximum, defendants almost always take it. Why would a free society do this? Mainly because taking people to trial is hard and costs alot. If the plea rate dropped from 97% to 95%, the courts and prosecutors would be overwhelmed. The few politicians that have dared to introduce legislation lowering maximum sentences (which would have an effect on the guilty plea rate) have almost universally been eviscerated at the polls, so this situation is unlikely to change in our lifetimes.